National Foster Care Month

7 Steps Involved in Adopting a Stepchild in Tennessee

Published On - November 8, 2024

Stan Bennett Adoption Process in Tennessee

Creating a blended family is rarely easy. Sometimes, however, it can create a parent-child bond that is extremely strong. So strong, in fact, that you may want to formalize the bond you already share with your stepchild through adoption. Legally adopting your stepchild endows you with all theNational Foster Care Month rights and responsibilities of a biological parent. To help you understand the path ahead of you, a Murfreesboro family law attorney at Bennett | Michael | Hornsby explains seven common steps involved in adopting a stepchild in Tennessee.

  • Understanding Tennessee Law: It is always best to consult with an experienced family law attorney if you are contemplating adoption; however, it may also be beneficial to have a general understanding of Tennessee law regarding stepchild adoption. One of the most important legal considerations is that the non-custodial parent (the child’s other biological parent) must either consent to the adoption or have their parental rights terminated. If that parent is deceased, you will need to provide proof of death. You must also be legally married to the custodial parent, and you will need to convince the court that adoption is in the best interest of the child.
  • Consent or Termination of Parental Rights: If the other parent is willing to consent to adoption, the entire process will be significantly easier. In that case, the non-custodial parent can enter into an agreement that voluntarily terminates their rights and allows you to adopt the child. If the other parent does not agree to the adoption, however, the only way to move forward is to have his/her rights terminated by the court. For that to occur, you will typically need to demonstrate that the parent has abandoned, neglected, or abused the child.
  • Petitioning for Adoption: Once you have obtained consent or a court order terminating the other parent’s rights, your attorney will file a petition for adoption with the appropriate Tennessee court. The petition includes essential information, such as your relationship to the child, details about your marriage to the child’s parent, and an explanation for why you want to adopt the child. The good news is that although there are several required steps in the adoption process, stepchild adoptions usually move through the legal system noticeably faster than other adoptions.
  • Home Study and Background Check: Typically, an adoptive parent is required to undergo a home study and comply with a background check when adopting a child in Tennessee; however, Tennessee law allows the home study requirement to be waived for stepparent adoptions. You will likely still need to go through a background check which includes fingerprinting, a criminal record check, and sometimes a child abuse registry check. 
  • Adoption Hearing: Once the background check and any other necessary steps are complete, the court will schedule an adoption hearing. Both you and the child’s custodial parent (your spouse) must attend the hearing. The child may also be present at the hearing if they are old enough to express their wishes regarding the adoption (usually 12 years old and older). All decisions relating to children must be made using the “best interest of the child” standard. Consequently, the judge will review everything filed with the court and may ask you a few questions to make sure that the adoption is indeed in the child’s best interest. If the judge is satisfied, the adoption will be granted.
  • Finalizing the Adoption: You will receive an adoption decree once the court approves the adoption that establishes you as the child’s legal parent and allows you to update the child’s birth certificate to reflect your name as the parent. You can also submit a request for an updated birth certificate to the Tennessee Department of Health. You should also update other legal documents, such as health insurance, school records, and estate planning documents.
  • Post-Adoption: Once the adoption is finalized, you have all the rights and responsibilities of a biological parent, including the obligation to provide for the child’s well-being, education, and health. It is important to understand that if you and your spouse divorce down the road, you may be ordered to pay child support or provide other support for the child just as you would if the child were your biological child.

Contact a Murfreesboro Family Law Attorney 

If you have additional questions about a the process for adopting a stepchild in Tennessee, consult with an experienced Murfreesboro family law attorney at Bennett | Michael | Hornsby as soon as possible. Contact the team today by calling 615-898-1560 to schedule your appointment.

 

Stan Bennett
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